March 15, 2024 Weekly Round Up
Texas Agriculture Law
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1w ago
It has only been two weeks since our last Weekly Round Up, but there have been a number of major news items related to agricultural law! * Resources for producers and landowners impacted by Panhandle wildfires.  On Monday, we posted a blog with information for producers and landowners who suffered losses during the wildfires about resources available. We have continued to update that document as additional resources have been announced.  To read more, click here.  In particular, I want to highlight an announcement from USDA about $6 million ..read more
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Texas Supreme Court Rules in Case Involving Implied Easement
Texas Agriculture Law
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3w ago
The Texas Supreme Court recently ruled in Albert v. Fort Worth & Western Railroad Company, a case addressing legal access to a landlocked tract of land in Johnson County.  This case is a great reminder of the law regarding access to property and the various types of implied easements in Texas law. Background At issue in this case is access to a 10-acre property located in Johnson County, Texas (“the Property”).  It is separated from State Highway 171 by a strip of land owned by the Ft. Worth & ..read more
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2024 Live Programs — Come Join Us!
Texas Agriculture Law
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3w ago
Did you know we host three different live programs around the state of Texas every year?  We’ve already kicked off our 2024 schedule with a great event in Tyler.  Below, please find all of our upcoming 2024 events. Note that both the Owning Your Piece of Texas programs and Ranchers Leasing Workshops offer CE credit for real estate agents.  To see more information or to register for any of these events, click below. San Angelo Owning Your Piece of Texas San Angelo Ranchers Leasing Workshop San Marcos Owning ..read more
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March 1, 2024 Weekly Round Up
Texas Agriculture Law
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3w ago
It has certainly been a challenging week here in the Texas Panhandle.  Thank you to everyone who checked on me and my family.  Things got pretty intense for us on Tuesday as an evacuation order was issued.  We were able to get our cattle out of the pasture closest to the fire.  The fire missed our property, but so many others were not as fortunate.   The fires continue to burn. Many of you have asked how you can help.  Here is information on the Texas A&M AgriLife Extension ..read more
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Texas Supreme Court Finds Landowner Not Liable in Railroad Crossing Death
Texas Agriculture Law
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3w ago
Last week, in Union Pacific Railroad Co. & Ezra Alderman Ranches v. Prado, the Texas Supreme Court addressed the liability of a landowner and railroad company when a railroad crossing fatality occurs on private land. Background In 2015, Rolando Prado, Jr. died when his pickup was struck by a Union Pacific (UP) train.  The crossing at issue is on private property owned by Ezra Alderman Ranches (the Ranch).  Prado was returning from his first day working at a new jobsite about 7:30 pm. He was driving at or under ..read more
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February 16, 2024 Weekly Round Up
Texas Agriculture Law
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1M ago
There has been no shortage of agricultural law news in the last two weeks!  Here are some of the biggest stories from around the country. *Court revokes over-the-top dicamba registration; EPA issues existing stocks order.  In a situation similar to what cotton and soybean growers faced in 2020, a federal court has revoked the FIFRA registration for three dicamba products, XtendiMax, Enginia, and Tavium.  [Read Order here.]  On Wednesday, the EPA issued an existing stocks order which will allow “existing stocks” that were in the United States and ..read more
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Court Vacates Over-The-Top Dicamba Registration; EPA Issues Existing Stocks Order
Texas Agriculture Law
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1M ago
In a situation reminiscent of 2020, an Arizona federal court has vacated the registration of three over-the-top dicamba products, XtendiMax, Enginia, and Tavium (the Products).  See Center for Biological Diversity v. U.S. Envt’l Agency, No. 4:20-cv-00555 (D. Ariz. Feb. 6, 2024).   The Environmental Protection Agency (EPA) has issued an existing stocks order allowing for some limited uses in specific circumstances for the 2024 growing season. Background Dicamba is a herbicide used to kill broadleaf plants that has been on the market for over 50 years.  Dicamba is ..read more
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Lawsuit Challenges Texas Animal Health Commission Authority over White-Tailed Deer
Texas Agriculture Law
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1M ago
The Fourteenth Court of Appeals in Houston recently ruled on a case regarding the jurisdiction of the Texas Animal Health Commission and the regulation of white-tailed deer to prevent the spread of chronic wasting disease.  [Read Opinion here.] Background RW Trophy Ranch (“RW”) is a deer breeding ranch in northeast Texas. It consists of a 68-acre deer breeding facility surrounded by a 1,500 acre ranch.  RW was certified under the Texas Animal Health Commission’s Texas Chronic Wasting Disease Herd Certification Program (“Program”).   The goal of the program is ..read more
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Reporting Required for Entities Under Corporate Transparency Act
Texas Agriculture Law
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1M ago
A new federal reporting requirement for most small business entities will impact a number of farms, ranches, and agricultural businesses who have organized as a business entity such as an LLC, corporation, or limited partnership.  We’ve got the answers to your questions below! Why? The Corporate Transparency Act is a law enacted to prevent money laundering, corrupt financial transactions, and financial terrorism.  As part of that effort, the Act requires the United States Department of Treasury’s Federal Crimes Enforcement Network (FinCEN) to maintain a national database of beneficia ..read more
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January 19, 2024 Weekly Round Up
Texas Agriculture Law
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1M ago
It has been a very busy couple of weeks for agricultural law around the country.  Here are some of the biggest stories in the news. *Texas landowners argue takings case at United States Supreme Court.  This week, the United States Supreme Court heard oral argument in Devillier v. Texas.  The lawsuit involves claims by rural landowners who claim Texas’ expansion of I-10 east of Houston resulted in flooding that constitutes a taking of their private property for which they are entitled to just compensation.  At issue in the case ..read more
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